Pakistan Observer
2nd August 1967
AROUND THE COURTS
MUJIB’S CASE HEARING IN CAMERA CONCLUDED
(By Our High Court Correspondent)
The hearing of Sheikh Mujibur Rahman’s Habeas Corpus petition concluded on Tuesday in camera before a Special Bench of the Dacca High Court.
The Special Bench consisted of Mr. Justice Baquer, Mr. Justice Abdulla and Mr. Justice Abdul Hakim.
The hearing of the case started on Tuesday Bench and as usual it was open to public. But when the necessity to place the materials (against the Sheikh) before the Court arose the Advocate-General pleaded that these materials could not be placed in public. He desired that the proceedings be confidential and be held in camera. Then on Monday the hearing started in camera.
This is the re-hearing of Mr. Rezaul Mallik’s application in which he sought the release of his friend, Sheikh Mujib President of the East Pakistan Awami League. He was arrested on May 8, 1966 under the provisions of the Defence of Pakistan Rules. A Full Bench earlier by a majority dismissed his application on the ground that the satisfaction as to the prejudicial activities of the Sheikh lay with the Executive. The Executive was in possession of the facts, the Full Bench held. The Executive’s subjective satisfaction could not be substituted by the satisfaction of the Court, the Full Bench observed.
On appeal the Supreme Court remanded the case to the High Court to hear and verify the facts, if the detention was warranted under the circumstances. The Supreme Court also asked the High Court to seek guidance from Golam Jilani’s case which was recently disposed of by the Supreme Court, in this respect.
সূত্র: সংবাদপত্রে বঙ্গবন্ধু তৃতীয় খণ্ড: ষাটের দশক॥ দ্বিতীয় পর্ব